superindustry imposed millionaire fine to Elizabeth Loaiza for advertising COVID tests who did not have mandatory health registration.
After offering through his Instagram account alleged rapid detection tests for COVID-19 called “ProMed Covid 19 Rapid Test”the controversial Colombian model Elizabeth Loiza began to be investigated by the Superintendency of Industry and Commerce for possible misleading advertising.
In her publications, the woman from Cali assured that said tests had the Sanitary Registry of the National Institute for the Surveillance of Medicines and Food (Invima) and that various entities such as governorates, mayors, hospitals and clinics were the only ones that could access them.
However, after several months of investigation, the Superindustry determined that his claims were not true. Well, in a report delivered by the public body it was found that the product did not have the import and distribution authorizations established in the health regulations.
«It was irrefutably demonstrated that, on the date of the advertisement, the marketing of said tests for the rapid detection of the coronavirus did not comply with health regulations (…)»
This is the millionaire fine to Elizabeth Loaiza for advertising COVID tests
The SIC verified that the distribution of the product had no restrictions, just as it was seen on networks, since in reality it marketed the tests through networks without requiring any type of documentation to support that they would be acquired by a health entity, since the only thing required for the purchase of the tests was a minimum number of purchase units.
«Limited the restriction to the minimum number of units to acquire, leaving open the possibility of selling a number lower than those indicated in the advertising»
In the same way, the organism evaluated that the channel in which the advertising was made was not exclusive to offer the product directly to public and health entities, and that due to the reach that it has among its followers, many could be motivated to purchase due to to the health emergency.
«At a height of the existence of a global pandemic and in which, any consumer seeing the post, could be motivated to access said product and contact the exposed telephone number to obtain information and make a reasonable consumption decision.”
For these reasons, the SIC finally imposed a fine on the model for an amount of $136,278,900 “for breaching the rules that regulate the objective conditions of advertising when conveying a message did not correspond to reality and thus configured, misleading advertising.“
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